GENERAL TERMS & CONDITIONS OF RENTAL
Yuno AG (hereinafter referred to as Yuno) operates an online shop (hereinafter referred to as the Online Shop) under the website www.yuno.ch, where customers can rent products. These General Terms and Conditions of Hire (hereinafter referred to as GTC) shall apply to all legal transactions concluded via the online shop.
Yuno offers are valid as long as the product is displayed on the Yuno.ch website (hereinafter referred to as the website) and/or as long as stocks last. The offer is aimed exclusively at customers domiciled in Switzerland. Deliveries are made exclusively to addresses in Switzerland.
This offer is always subject to the condition subsequent to the contract that delivery is possible or that the rental price is incorrect. Yuno reserves the right to amend these General Terms and Conditions at any time. The version of these GTC in force at the time of the order shall apply. Any terms and conditions of the customer that conflict with or deviate from these GTC shall not be recognised.
Governing Language: This GTC has been drafted in German and translated into other languages for convenience. In the event of any discrepancy or conflict between the original german version and its translations, the german version shall prevail and be the authoritative and binding text for all purposes.
The contract between Yuno and the customer regulates the rental of new and used goods (hereinafter referred to as the rental object) via the Yuno.ch website. Yuno shall provide the rented item to the renter on a rental basis in accordance with the reservation and order.
Images of products in advertising, brochures, online shop, etc. are for illustration purposes and are not binding. The customer may only place an order as a registered customer. For registration, the customer must present a valid proof of identity.
The ordering process leading to the conclusion of the contract comprises the following steps:
The customer only makes a binding offer to conclude a contract by clicking on the button "Confirm rental". Before doing so, the customer is shown the details of their order in an overview. The arrival of the rental request will be indicated to the customer by means of an automatically generated order confirmation from Yuno to the e-mail address provided by the customer.
Receipt of the automatically generated order confirmation does not constitute a promise that the product can actually be delivered. It merely indicates to the customer that the submitted order has been received by the online shop and that the contract with Yuno has therefore been concluded, subject to the delivery option, correct pricing and a positive credit check. After successful verification of the order, the customer will receive an e-mail from Yuno confirming the rental of the selected rental item, hereinafter referred to as "order confirmation".
The rental contract shall be concluded upon receipt of this order confirmation. The rental price is for the rental of the rental items including shipping costs.
The customer confirms that all data provided during registration or ordering (e.g. name, address, e-mail address, telephone number) is correct and that no data from third parties has been used.
The customer undertakes to inform Yuno immediately of any changes to the data. The customer shall be liable for misuse of the access data by third parties, insofar as the customer is responsible for this. This may also result in the customer being obliged to pay usage fees for rental items which the customer did not order.
When ordering via the online shop, Yuno only enters into contractual relationships with natural persons who are of full legal age. With the rental request, the clientele confirms that they are at least 18 years old. The minimum age is verified through the use of a procedure involving a personal identity and age check.
The billing address must match the delivery address and the place of residence.
The rented item will only be dispatched once the customer has paid the first month's rent. As long as the condition of successful first payment has not been fulfilled, Yuno is entitled to retain the Rental Goods. No rent shall be payable for the period between dispatch of the rented item and delivery to the customer (see clause 6.). The paid rental period shall not commence until the rented item has been delivered to the customer.
Risk and danger are transferred to the transport company or the customer when the rental object is handed over.
The term of the rental begins with the delivery of the rental object to the customer (hereinafter referred to as delivery)
The client selects a minimum rental period when placing the order. The contract is concluded for this minimum rental period.
Before the expiry of the minimum rental period, the customer will receive an email informing him/her that the minimum rental period will expire. The parties have the right to terminate the contract at the end of the minimum rental period without giving reasons.If the parties do not make use of this right to terminate, the contract is automatically extended for an indefinite period with one month's notice. In this case, a contract is concluded for an indefinite period. Both parties have the right to terminate the contract monthly without giving reasons for the next month. The right to extraordinary termination for good cause remains unaffected. T
he customer may also terminate a rental contract for consumer goods in any case with 30 days' notice for a three-month rental period.Yuno is entitled in particular but not exclusively to extraordinary termination in the event of default in payment of two consecutive rental charges. If there are several rental agreements between Yuno and the customer and Yuno is entitled to terminate one rental agreement without notice for good cause, Yuno may also terminate the other rental agreements without notice if it cannot reasonably be expected to maintain the other rental agreements.This is in particular (but not exclusively) the case if the customer:
The termination must be made in the customer account. The customer must terminate the contract in the customer account by pressing the button "Terminate rental" and then returning the rental item. The termination becomes effective upon receipt by Yuno. The contract can also be terminated by e-mail, but will only become effective after confirmation by Yuno. If Yuno terminates a rental contract, the customer shall be obliged to return the rented items with all accessories to Yuno without delay. Payments made in advance will not be refunded, irrespective of when the customer returns the rented item.
The product will be delivered to the shipping address provided by the customer. The customer's delivery address must be in Switzerland and easily accessible by truck. Yuno is entitled to make partial deliveries to a reasonable extent. Should Yuno discover during the processing of the order that the product ordered by the customer is not available despite careful checking of the stock and for reasons for which Yuno is not responsible, the customer will be informed of this by e-mail and a contract will not be concluded.
If Yuno has previously accepted the customer's offer of contract by means of the rental confirmation, Yuno is entitled to withdraw. Any payments made shall be refunded without delay. The delivery times stated in connection with the presentation of the offer are approximate. They are therefore deemed to be only approximately agreed. If the stated delivery date is exceeded by more than four weeks, either party shall be entitled to withdraw from the contract.
If Yuno is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by its own suppliers, although a corresponding covering transaction was made in good time, Yuno shall have the right to withdraw from a contract with the customer in this respect.
The client will be informed immediately and any services received, in particular payments, will be refunded within a maximum of 14 working days. The customer shall have no further claims. If the customer does not accept the ordered products on the agreed or indicated delivery date, Yuno may dissolve (cancel) the contract and charge the customer for the delivery costs incurred and any loss in value. The package must be delivered in person and against the signature of the registered person.
The customer must immediately check delivered products for correctness, completeness and delivery damage.
Any transport damage must be reported by the customer directly to the transport company. Delivery damage, incorrect and incomplete deliveries must be reported to Yuno within 5 calendar days from the time of delivery. The customer may not put such a product into operation.
The delivered rented item with all accessories shall remain the permanent property of Yuno. During the term of the rental, the customer may not transfer the use of the rented item to a third party without the prior written consent of Yuno, in particular it may not sell, give away, rent or lend the rented item.
This shall not apply to the free use of the rented item by persons belonging to the customer's household or employees of the customer. The person who orders the rented item shall bear full responsibility for it, even if someone else uses it.
The customer may not modify the rented item. The customer is obliged to keep the rented item free of third party rights for the duration of the rental period and to treat it with care.
If damage occurs to the rented property, the customer must report this immediately.
The rental contract ends by termination. The customer is obliged to return the rented item including accessories to the address specified by Yuno. The customer shall return the item in the condition in which it was taken over, in particular password protection, linking of the device to a personal account or any other block which excludes or impairs the use of the rented item by third parties shall be removed. If a data carrier or a product with a data storage device contained therein is returned to Yuno, a complete loss of data must be expected in any case. The customer himself/herself is responsible for a proper data backup and the protection of his/her data.
Yuno accepts no liability for any loss of data.If the customer continues to use the item despite termination or does not return the rented item, the rental relationship shall be deemed to have been extended and the rental charges shall continue to be owed.A premature return shall not be credited unless otherwise agreed.The rented items must be returned in perfect condition. If the customer loses the item or the item is stolen, Yuno may demand payment of the full replacement costs.
In the event of unintentional equipment damage by the customer, the customer must report the damage to Yuno within 5 calendar days via his customer account or by e-mail. As far as possible and in particular due to stock levels, Yuno will send a replacement device. The customer must return the defective device within 5 calendar days after receipt of the new device to the address provided by the customer service. Yuno will cover 90% of the cost of the repair. However, Yuno may charge the customer for the shipping costs of replacing the product.
Yuno guarantees to provide a functional rental item. The rental item may be new, as new, repaired or used. Already used products may have slight optical defects. These optical defects are excluded from the guarantee. There is no entitlement to a new product. The customer is aware that he/she may be renting a used electronic product which may contain personal data of the previous user and that Yuno declines all liability in this connection.
Liability is governed by the applicable statutory provisions. However, Yuno shall in no event be liable for (i) slight negligence, (ii) indirect and consequential damages and loss of profit, (iii) unrealised savings, (iv) damages resulting from delay in delivery as well as (v) any acts and omissions of Yuno's auxiliary persons, whether contractual or non-contractual.
Furthermore, Yuno disclaims liability in the event of the following:
In particular, Yuno shall not accept any liability for defects and failures of rented items and any damage caused thereby during events. If the customer discovers damage, malfunctions or other defects in rented equipment, Yuno must be notified immediately. The customer is prohibited from modifying or opening the equipment. The customer has no right to a stand-by service by Yuno.
Payments must be made in Swiss francs. Customers may use the payment options offered in the online shop under "Payment options".
If the customer fails to meet its payment obligations in whole or in part, all outstanding amounts owed by the customer to Yuno under any title shall become due immediately (in the case of advance payment within 8 calendar days of the 1st reminder) and Yuno may demand immediate payment and discontinue further deliveries of products to the customer.
In the event of unsuccessful reminders following default in payment, Yuno may terminate the rental agreement for all rented equipment without notice. In addition to the outstanding rental amounts, the product price of the device (measured at the market value at the start of the rental period) may be invoiced and, after expiry of the payment period, assigned to a company entrusted with the collection or debt collection may be initiated.
Costs in the event of late payment: processing fee (at the earliest after two written reminders after the invoice date, in the event of handover to debt collection service provider) according to www.fairpay.ch.
Yuno expressly points out that the use of web services involves risks. This applies in particular to risks caused by the sending of malware, spamming (unsolicited sending of advertising e-mails), theft of passwords, electronic break-ins as well as manipulation, hacking and other forms of unauthorised disclosure of user data, harassment and forgery. In this respect, the use of the website is at the user's own risk.
Yuno endeavours to keep the Yuno website available as constantly as possible. However, the user acknowledges that 100% availability of the Yuno website is not possible. The user has no claim that the Yuno website will be available.
The GTC and the contractual relationship between Yuno and the customer shall be governed exclusively by Swiss substantive law. The application of international private law and the UN Convention on Contracts for the International Sale of Goods is excluded. The place of jurisdiction for actions brought by consumers shall be their place of residence or Zurich. In all other cases, Zurich shall be the exclusive place of jurisdiction.
Should individual provisions of the GTC be invalid, this shall not affect the validity of the GTC in other respects.
Yuno is entitled to transfer the rights and obligations arising from the contract with the customer in whole or in part to another company.